April 28, 2020

In this article, Jenner & Block Partners Gabriel K. Gillett, Michael T. Brody and Howard S. Suskin and Associate Lina R. Powell examine the circuit split over how to apply the mass action local event exception of the Class Action Fairness Act, or CAFA.  They highlight the Eleventh Circuit’s recent opinion in Spencer v. Specialty Foundry Products Inc., in which the court concluded that the exception covers a continuous, related course of conduct culminating in one harm-causing event or occurrence.  The Third and Fifth Circuits have reached similar conclusions, but the Ninth Circuit has not.  “The U.S. Supreme Court may thus be called on to address the issue,” the authors observe.